Poine: a study in ancient Greek blood-vengeanceTreston, Hubert Joseph
History
Poine: a study in ancient Greek blood-vengeance
Treston, Hubert Joseph
Criminal law (Greek law); Greece -- Civilization; Greek drama (Tragedy) -- History and criticism; Homicide (Greek law); Vendetta
Moreover, in _Homer and History_, Leaf does not suggest any solution of
an important problem to which he refers in previous works—the problems
presented by the reference to wergeld in the Homeric passage which
describes the Shield of Achilles.[15] In a note of his translation of
the _Iliad_ (1883), he said[16]: ‘The trial scene is one of the most
difficult and puzzling passages in Homer.... The whole passage is clearly
archaic, but the difficulty lies in the fact that no parallel, so far as
we know, is to be found in the procedure of any primitive races which
throws any light upon this passage.’ In his _Companion to the Iliad_
(1892) and in his latest edition of the _Iliad_ (1902), in a note on
the passage in question,[17] he put forward an hypothesis which seems
to suggest that he conceives the Homeric Greeks as quasi-barbarous
peoples. Having indicated the frequency of blood-for-blood retaliation
in the _Iliad_, he interprets the trial-scene as representing a stage in
the evolution of homicide customs from more primitive conditions. ‘It
seems absolutely necessary to assume an intermediate stage in which the
community asserted the right to say in every case whether the next of
kin should, for reasons of public policy, accept compensation, and the
missing link is apparently brought before us here.’
By assuming that the trial-scene represents, not a murder trial (which
few now maintain) nor yet a wergeld debt trial, _i.e._ an inquiry as
to whether wergeld has been paid or not, but a piece of novel homicide
legislation, Leaf thinks that ‘the scene gains enormously in importance.’
Postponing for a time[18] our criticism of this view, published thirteen
years before the date of _Homer and History_, and deferring the solution
which we shall offer of the difficulty, we proceed to state our own
theory of the homicide customs of Homer. This theory is based in the
first place on a distinction between an Achaean dominant caste and a
subject Pelasgian people; secondly, on the hypothesis which Leaf puts
forward as to the different character and mode of life of the Achaeans
and the Pelasgians—the former being conceived as a race of bellicose
military adventurers living in isolated groups; the latter, as an
agricultural subject-people, tillers of the soil, who preserved intact
their tribal organisations; thirdly, on the connexion existing between
the homicide customs of a people or caste and their temperament and
social organisation—a connexion which is established by a general study
of blood-vengeance amongst various peoples; and, finally, on a correct
interpretation of the text of Homer.
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